By Matt Fisher, Healthcare Attorney
LinkedIn: Matthew Fisher
X: @matt_r_fisher
Host of Healthcare de Jure – #HCdeJure
Imagine this scenario: an individual is suffering from substance use disorder and decides to seek help. A big reason for not getting treatment is reportedly not knowing how or where to get treatment, not being able to afford the treatment, and/or not finding a program or clinician where they wanted to be able to go. Given that background, getting information about a program is really important, especially when considering the serious nature of a substance use disorder.
Continuing the imagined scenario, an individual is looking and likely turns to an online search. That should be expected since a Google or similar search is the easiest way to find information about anything someone could think about. The search is entered and a result pops up at the top with the name of a clinic that might be able to help. The individual clicks on the link and calls the number that appears. The individual calls and begins speaking to an agent who talks very generically about the services that can be provided. The individual calling in is then guided into a discussion to receive services, but may not get a clear answer on who the individual is talking to. The problem is, the agent was not connected to the program that the individual searched for and then thought they were talking to.
Unfair and Deceptive Acts
The scenario above leaves a gut feeling of something being off. That gut feeling is pretty accurate and unfortunately describes the alleged methods used by one substance use treatment program, Evoke Wellness. The details of the scenario are taken from a complaint filed by the Federal Trade Commission against Evoke Wellness over its allegedly deceptive acts to lead patients into accepting their services.
Getting a little bit more into the details, Evoke Wellness reportedly paid for dynamic keyword insertion for its advertisements. The insertion practice enables advertisers to have words that an individual searches for inserted into the advertisement. In this instance, Evoke Wellness reportedly paid to have the name and details of other substance use programs inserted into its ads. That would mean an individual could search for a completely different program, have an ad appear at the top of those results that appeared to be for the program the individual wanted, but in reality it was a link to Evoke Wellness.
As alleged by the FTC, that was not the end of what Evoke Wellness would do. Once an individual clicked the ad and placed a call to the number that came up, Evoke Wellness trained its telemarketers who received incoming calls to be deliberately vague and evasive in the back and forth with the caller. The agent would avoid mentioning the name of a program and focus on claiming they were located at a central call center. Further, when pressed for details, the agents would express confusion or attempt to explain away the problems by claiming that the central call office did not have all of the information.
In the face of all of those actions, some individuals would eventually agree to receive services from Evoke Wellness. The individuals did not think they were initially calling Evoke Wellness and based on call recordings were not trying to get services there. However, when an individual has made the difficult decision to seek support for a substance use disorder, parsing through al of those details is not the highest priority.
The Penalty
Based on the alleged conduct, Evoke Wellness has agreed to a settlement with the FTC. The settlement includes the following key elements to protect consumers and penalize Evoke Wellness:
- Permanent injunction from, in connection with promoting or offering for sale any substance use disorder treatment program, misrepresenting any information about the program or associated contact information;
- Permanent injunction from pretending to be any other service or individual;
- Implement training on appropriate telemarketing practices and without such training being permanently enjoined from engaging in telemarketing activities; and
- Pay a civil penalty of $1.9 million.
Be Clear and Honest
The lessons from the Evoke Wellness settlement should be relatively common sense and plain on the front. Specifically, companies need to be truthful about the services they are offering and who the company is that is providing the service. Deliberately trying to appear as another company is not the way to go. That leads down a path of deceiving individuals and tricking them into the use of a service. That is not going to fly and will be found out.
How does this relate to search engines and trying to draw individuals in? It is true that most search engines will allow advertisers to pay for sponsored ads, which will then appear at the top of or higher up in search results. Anyone who has run a search has likely seen those results at the top of their list, which have a little sponsored banner on the side. There is nothing inherently wrong with paying for an advertisement and inserting keywords or using other mechanics to increase the odds of getting a click.
While there are clearly ways to game the system and make the desired click more likely, there are still rules to follow on that front. It should be clear to most that pretending to be a competitor is not acceptable. It is probably possible to get close to the line (such as putting a toe on it), but even though that approach can get close to arguable deception, it would still be clear who was presenting the ad.
For any healthcare organization, the takeaway is that the organization should rely upon the actual nature of its services and not try to pass itself off as another entity. A company is developed for a reason and there can be a number of great services. Strong belief in the internally developed services is what should be leaned upon, not trying to back your way into the result by taking advantage of half statements or obtuseness.
The right path can be hard at times, especially when a company or organization feels like it is struggling to bring in users or patients. At that time it may be tempting to try new ways that can accelerate growth. However, cutting corners will very frequently come back to bite in the end. Having it come back should be very much expected when services are deeply personal in nature, since it will become obvious pretty quickly that the expected service is not happening.
Where to Go?
Going forward, companies should be thoughtful in their marketing approaches. As noted, it is fine to use available tools and take advantage as appropriate. However, be clear about who and what you are without trying to hide the ball. It comes down to being able and ready to stand behind what you are doing.
This article was originally published on The Pulse blog and is republished here with permission.